Terms and Conditions & Privacy Policy

tobetracker Web Page User Agreement

This agreement states the terms and conditions that regulate your access and use of the individual web page and similar internet media attributes owned or operated by social media agency tobesocial and its owner Tobias Schied. Before using this web side please read this document. You agree to be obligated by these terms and conditions which are stated below by accessing or using the software tobetracker. If you don’t want to be obligated by these terms and conditions, you may not access or use tobetracker. Tobesocial may amend this terms and conditions at any time. Such modifications are valid forthwith upon publishing on tobetracker.net. You agree to review the terms and conditions of tobetracker regularly to come to know of such modifications and your continued access or use of tobetracker shall be deemed your conclusive acceptance of the modified agreement.

Copyright and Trademark

This web page and its content are protected by domestic and international copyrights and trademark laws. Tobesocial is the owner of the intellectual property, copyrights and trademarks, its affiliates and subsidiaries or other third party licensors. It is not allowed to reproduce, republish, copy, modify, transmit, post, upload or distribute it any manner, the material and content on this web site including graphics, layouts, texts, codes and all other graphic elements and softwares.

Without the express permission from tobesocial any use of tobesocial and tobetracker trademarks is strictly prohibited. Other company names and products which are mentioned in this web page may be the trademarks of their respective owners.

Terms and Conditions

Your relationship with tobesocial

Any software, products, services and web pages of tobesocial you use are subjects to the terms of a legal agreement between you and tobesocial. The principal place of business of social media agency tobesocial is Germany. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

Your agreement with tobesocial will always include, at a minimum, the terms and conditions which are mentioned in this document unless otherwise agreed in writing with tobesocial. These are referred to below as the "Universal Terms".

Your agreement with tobesocial will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms.

The universal terms including the additional terms form a legally binding agreement between you and tobesocial in relation to your use of the services.

If there is any discrepancy between the universal terms and the additional terms, then the additional Terms shall take priority in relation to that service.

Acceptance of the Terms

For using the services of tobesocial you firstly have to agree to the terms. If you don’t accept the terms you must not use these services.

You can accept these terms by

Clicking to agree to the terms of tobesocial, where this option is made available to you in the user interface for any service

Actually using the services. In this case, you understand and agree that tobesocial will treat your use of the services as accepting the terms from that point onwards.

It is not allowed to accept the terms and use the services of tobesocial, if

you are not of legal age to form a binding contract with tobesocial, or

you are a person barred from receiving the services under the laws of Germany or other countries including the country in which you are resident or from which you use the services.

Language of the Terms

tobetracker could be used in English, Spanish, German, Russian, Italian and French. Where tobesocial has provided you with a translation of the English language version of the terms, then you agree that the translation is provided for your convenience only and that the English language versions of the terms will govern your relationship with tobesocial.

The English language version shall take precedence, if there is any contradiction between the English language version of the terms and the translation.

Provision of the Services by tobesocial

You agree if you using this website that form and nature of all services of tobesocial may change at any time without informing you. In order to provide the best possible experience to its users tobesocial is constantly innovating the services.

As a part of this innovating process you agree that tobesocial may stop providing the services without informing you.

You may stop using the services at any time. It is not necessary to inform tobesocial when you stop using the services.

You agree if you using this website that you may send or receive through the services or on the amount of storage space used for the provision of any Service while tobesocial may not currently have set a fixed upper limit on the number of transmissions.

Use of the Services

Within the service tobetracker the agency tobesocial offers a specific search feature. tobesocial explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. tobesocial also disclaims any responsibility for the completeness or accuracy of any directory or search result.

You agree to use the services of tobesocial only for purposes that are permitted by the terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

Unless you have been specifically allowed to do so in a separate agreement with tobesocial, you agree not to access any of the services by any means other than through the interface that is provided by tobesocial.

You agree that you will not engage in any activity that interferes with or disrupts the services of tobesocial.

You agree that you will not copy, duplicate, reproduce, trade, sell or resell the services of tobesocial for any purpose unless you have been specifically permitted to do so in a separate agreement with tobesocial.

You agree that tobesocial has no responsibility to you or to any third party for any breach of your obligations under the terms and for the consequences including any loss or damage which tobesocial may suffer of any such breach and that you are solely responsible.

You assume total risk and responsibility for using of the web page and the internet.

You agree that you will not

post or transmit any Material that contains a virus or corrupted data

post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices or commercial

violate any applicable local, state, national or international law

upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party

delete or revise any material posted by any other person or entity

manipulate or otherwise display the web page by using framing or similar navigational technology

Content in the Services

You agree and understand that all information, e.g. data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images, which you may have access to as part of or through your use of the services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "content".

You should be aware that the presented content presented is a part of the services of tobesocial, including but not limited to advertisements in the services and sponsored content within the services may be protected by intellectual property rights which are owned by the advertisers or sponsors who provide that content to tobesocial or by other persons or companies on their behalf.

You may not sell, loan, lease, modify, rent, distribute or create derivative works based on this content – either in whole or in part – unless you have been specifically told that you may do so by tobesocial or by the owners of that content in a separate agreement.

tobesocial reserves all rights, but shall have no obligation to modify, filter, flag, review, to pre-screen, refuse or remove any or all content from any service.

By using the services of tobesocial you agree that using the services you may be exposed to content that you may find offensive, indecent or objectionable and that you use the services at your own risk.

You agree that tobesocial has no responsibility to you or to any third party and that you are solely responsible for any content that you create, transmit or display while using the services and for the consequences of your actions including any loss or damage which tobesocial may suffer by doing so.

Proprietary Rights

You agree that tobesocial own all legal rights, titles and interests in and to the services, including any intellectual property rights which subsist in the services – whether those rights happen to be registered or not, and wherever in the world those rights may exist.

You agree that the services may contain information which is designated confidential by tobesocial and that you shall not disclose such information without the written consent of tobesocial.

Nothing in the terms gives you the rights using any of tobesocial trade names, trade marks, service marks, logos, domain names and other distinctive brand features.

tobesocial agrees that it obtains no interests, rights or titles from you or your licensors under these terms in or to any content that you post, submit, transmit or display on, or through, the services including any intellectual property rights which subsist in that content.

You agree that you are responsible for enforcing and protecting those rights and that tobesocial has no obligation to do so on your behalf.

You agree that you shall not alter, obscure or remove any proprietary rights notices which may be contained within or affixed to the services of tobesocial.

You agree that in using the services of tobesocial, you will not use any trade name, trade mark, service mark, logo of any company or organisation in a way that is intended or likely to cause confusion about the owner or authorised user of such names, marks, or logos.

License from tobesocial

tobesocial gives you a worldwide, royalty-free, personal, non-exclusive and non-assignable licence to use the software as part of the services provided by tobesocial.

This licence is for the exclusive and only purpose of enabling you to use and enjoy the benefit of the services as provided by tobesocial, in the manner permitted by the terms.

You may not modify, copy, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof, unless this is expressly permitted or required by law or by written consent of tobesocial.

You may not assign your rights to use the software, grant a security interest in or over your rights to use the software, or otherwise transfer any part of your rights to use the Software.

Content License

You give tobesocial a irrevocable, worldwide, perpetual, royalty-free, and non-exclusive licence to reproduce, modify, adapt, publish, translate, publicly perform, publicly display and distribute any content which you post, submit or display on or through the services of tobesocial. This licence is for the sole purpose of enabling tobesocial to distribute, display and promote the services and may be revoked for certain services as defined in the additional terms of those services.

You agree that this licence includes all rights for tobesocial to make such content available to other organisations, companies or individuals with whom tobesocial has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services.

You agree that, in performing the required technical steps to provide the Services to our users, tobesocial may distribute or transmit your content over various public networks and in various media and make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit tobesocial to take these actions.

You confirm and warrant to tobesocial that you have all the rights, power and authority necessary to grant the above licence.

Limitation of Liability

Nothing in these Terms shall exclude or limit tobesocial liability for losses which may not be lawfully excluded or limited by applicable law.

Subject to overall provision in paragraph above, tobesocial shall not be liable to you for:

any consequential or indirect losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you any loss or damage which may be incurred by you as a result.

any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services of tobesocial.

any changes which tobesocial may make to the services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services).

the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services.

The limitations on tobesocial liability to you in (b) above shall apply whether or not tobesocial has been advised of or should have been aware of the possibility of any such losses arising.

Advertisements

Some of the services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the services, queries made through the services or other information.

The mode, extent and manner of advertising by tobesocial on the services are subject to change without specific information to you.

You agree that tobesocial may place such advertising on the services in consideration for tobesocial granting you access to and use of the services.

Other Content and Links

All Services of tobesocial may include hyperlinks to other web pages, contents or resources. tobesocial may have no control over any web pages, contents or resources which are provided by other companies or persons.

You agree that tobesocial is not responsible for the availability of any links, external sites, contents or resources and does not endorse any advertising, products or other materials on or available from such web pages or resources.

You agree that tobesocial is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites, contens or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web pages, contents or resources.

Changes to the Terms

tobesocial may make changes to the universal or additional terms. When these changes are made, tobesocial will make a new copy of the universal terms available on tobetracker.net. Terms and any new additional terms will be made available to you from within, or through, the affected services.

You agree that you will treat your use as acceptance of the updated universal or additional terms, if you use the services after the date on which the universal or additional terms have changed (http://tobesocial.net).

General Legal Terms

You may use sometimes a service or download a piece of software which is provided by another third company or person. Your use of these other services or software may be subject to separate terms between you and the third company or person concerned. If so, the terms do not affect your legal relationship with these other companies or individuals.

These terms constitute the whole legal agreement between you and tobesocial and govern your use of the services and completely replace any prior agreements between you and tobesocial in relation to the services.

You agree that this will not be taken to be a formal waiver of tobesocial rights and that those rights or remedies will still be available to tobesocial, if tobesocial does not exercise or enforce any legal right or remedy which is contained in the terms or which tobesocial has the benefit of under any applicable law.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.

The terms and your relationship with tobesocial under the terms shall be governed by German law. You and tobesocial agree to submit to the exclusive jurisdiction of the courts of Germany to resolve any legal matter arising from the terms. Notwithstanding this, you agree that tobesocial shall still be allowed to apply for injunctive remedies in any jurisdiction.

Privacy Policy

Tobetracker collects publicly accessible data via the Facebook API graph. Only the public data are stored by Facebook sides.

You agree if you using this website that tobetracker collects information when you use services or otherwise voluntarily provide such information. We may combine information collected from you with information from other tobesocial services or third parties to provide a better user experience, including customizing content for you.

By accepting the terms of service you agree that tobetracker uses cookies and other technologies to enhance your online experience and to learn about how you use tobesocial services in order to improve the quality of our services.

You agree if you using this website that the servers of tobesocial may automatically record information when you visit our web pages or use some of our services, including the URL, IP address, browser type and language, and the date and time of your request.

You agree if you using this website that tobesocial may also use personal information for auditing, research and analysis to operate and improve technologies and services of tobesocial.

You agree if you using this website that tobesocial may share aggregated non-personal information with third parties.

You agree if you using this website that tobesocial may also share information with third parties in limited circumstances, including when complying with legal process, preventing fraud or imminent harm, and ensuring the security of the services of tobesocial.

You agree if you using this website that tobesocial can use both personal and contact information to contact you in the future regarding the services of tobesocial.

Google Analytics: Terms of Service

The privacy policy: http://www.google.com/intl/en_uk/analytics/tos.html
“This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.”

Facebook Social Plugins

Our website uses social plugins (“plugins”) provided by the social network facebook.com, operated by Facebook Inc., 1601 S. California Avenue, Palo Alto, CA 94304, USA (“Facebook”). The plugins are identifiable by a Facebook logo (white letter f on blue background or a thumb up icon) or the notice “Facebook Social Plugin”. For a full list of all social Plugins please see http://developers.facebook.com/plugins.

When you visit a page of our website that contains a social plugin, your browser establishes a direct connection to Facebook servers. Facebook directly transfers the plugin content to your browser which embeds the latter into the website, enabling Facebook to receive information about your having accessed the respective page of our website. Thus we have no influence on the data gathered by the plugin and inform you according to our state of knowledge:

The embedded plugins provide Facebook with the information that you have accessed the corresponding page of our website. If you are logged into Facebook, your visit can be assigned to your Facebook account. If you interact with the plugins, for example by clicking “Like”, or entering a comment, the corresponding information is transmitted from your browser directly to Facebook and stored by it. Even if you are not logged into Facebook, there is possibility that the plugins transmits your IP-address to Facebook.

For the information on the purpose and scope of data collection and procession by Facebook, as well as your rights in this respect and settings options for protecting your privacy please visit Facebook's privacy policy: http://www.facebook.com/policy.php.

If you are a Facebook member and do not want Facebook to connect the data concerning your visit to our website with your member data already stored by Facebook, please log off Facebook before entering our website. Further you can block Facebook social Plugins by using add-ons for your browser, like the Facebook Blocker.

Severance clause

Should be valid for any reason any of the above conditions, the validity of the remaining provisions shall not be affected.